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Law

IN House Bill 1487

Notary Law Update: IN House Bill 1487

State: Indiana

Summary:

House Bill 1487 enacts "clean-up" provisions to the major 2017 and 2018 new laws.

Signed:  May 01, 2019

Effective:  May 01, 2019

Chapter: Public Law 177

Affects:

Amends Sections 33-42-9-12, 33-42-12-2, 33-42-13-3, 33-42-14-1, 33-42-15-2, 33-42-16-2, 33-42-17-1, 33-42-17-2, 33-42-17-3, 33-42-17-6 and 33-42-17-9, of and adds Section 33-42-16-5 to the Indiana Code.

Changes:
  1. Requires a notarial certificate to contain either the Indiana county of the Notary's commission or the county in Indiana where the Notary is primarily employed if the Notary is a nonresident.
  2. No longer requires the course of education or examination required for a commission or subsequent commission to be administered by the Secretary of State.
  3. Clarifies that a Notary may not perform a notarial act for any party that may directly benefit the Notary or the Notary's spouse.
  4. Prohibits a Notary from performing a notarial act when the Notary's commission is suspended or revoked.
  5. Clarifies that the maximum fee of $10 for a notarial act is per signature.
  6. Permit the Secretary of State to amend rules under IC 33-42-16-2 as necessary as a result of changes in electronic and remote notarial act technology.
  7. Authorizes the Secretary of State to issue a certificate of fact for a Notary at the request of any person and provides what is included in the certificate of fact.
  8. Requires a registrant as a remote Notary to pass an examination administered by the Secretary of State.
  9. Pushes back the effective date of the remote notarization provisions to the earlier of the effective date of the rules adopted under IC 33-42-16-2 or July 1, 2020.
  10. Provides that a remote Notary who resigns or whose commission expires must retain the contents of the Notary’s electronic journal for at lease 10 years (previously 5 years) after the performance of the last recorded remote notarial act.
  11. Raises the fee a remote Notary may charge for performing a remote notarial act from $15 to $25.
  12. Makes technical changes.
Analysis:

House Bill 1478 makes “clean-up” changes to the major Notary and remote notarization laws that were enacted in 2017 and 2018. Notable changes are the increase in the maximum fee a remote Notary may charge from $15 to $25 and a change of the effective date of the remote notarization provisions. These provisions originally were to have taken effect on July 1, 2019, but to date the Secretary of State’s office has not adopted rules to implement the remote notarization provisions. So, now the remote notarization chapter takes effect on the date when the Secretary’s rules are adopted or July 1, 2020, whichever is earlier. Most other provisions in the bill take effect immediately; however, the provision related to the Secretary of State issuing a certification of fact for a Notary and the fee increase for online notarizations take effect July 1, 2019.

Read the bill text.

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